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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance TOFEDU: The Future of Education Journal
Harahap, Hafni Meylani
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Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Other

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UPAYA HUKUM BANDING DALAM PERKARA PERCERAIAN MENURUT HUKUM ACARA PERDATA Lubis, Fauziah; Safwah, Raiva; Munthe, M.Ridho Pratama; Harahap, Hafni Meylani; Rozi, Fahrur; Rahmi Siregar, Dina Aulia
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.624

Abstract

This study aims to assess the effectiveness of appellate remedies in divorce cases as a legal mechanism that protects individuals who disagree with or are dissatisfied by decisions made by the court of first instance. Within the framework of Indonesia’s civil procedural law, appeals function as a corrective measure to address potential judicial errors in the application of law or the evaluation of facts. The research focuses on the normative legal basis of the appellate process as regulated in the Herziene Indonesisch Reglement (HIR), Rechtsreglement voor de Buitengewesten (RBg), Law Number 48 of 2009 on Judicial Power, and the amended Law Number 7 of 1989 concerning Religious Courts. Additionally, the study examines the implementation of Supreme Court Regulation (PERMA) Number 1 of 2019, which introduces the use of electronic systems for filing appeals. Appeals in divorce cases are commonly initiated due to disputes over divorce rulings, child custody, division of marital property, or alimony determinations considered disproportionate. This research employs a normative juridical approach with qualitative analysis, relying on secondary data sources including primary legal materials such as statutes and court decisions, as well as secondary sources like legal literature and academic journals. The findings indicate that the appellate mechanism plays a vital role in ensuring tiered justice and provides an important avenue for parties who feel aggrieved to seek a review of decisions perceived as legally or substantively flawed.
A Review of Legal Protection for Workers with Fixed Term Employment Contracts Under Law No. 13 of 2003 on Manpower Dalimunthe, Nikmah; pulungan, Ro’fat ja’far Al-hadidi; Anwar, Khahmilul; Haryono, Daffa Naufal; Siregar, Dina Aulia Rahmi; Harahap, Aisyah; Harahap, Hafni Meylani
The Future of Education Journal Vol 4 No 9 (2025): #2
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v4i9.1314

Abstract

This study focuses on how the law protects contract workers based on the provisions of Law No. 13 of 2003 concerning Manpower. Using a normative approach based on legislation and conceptual methods, this study draws on secondary data such as Law No. 13 of 2003, Government Regulation No. 35 of 2021, legal references, and scientific works. The findings indicate that labor regulations in Indonesia provide fairly comprehensive protection for PKWT workers, including BPJS membership, the right to fair wages, occupational health and safety, and freedom of association. However, there is a clear discrepancy between the legal norm (das sollen) and its implementation (das sein). The main challenges that arise include diverse interpretations of the term “de jure” so that changes in employment status do not proceed as they should, unclear responsibilities in the outsourcing system, weak labor supervision due to limited resources and low compliance among business actors, and low legal understanding and access to justice for workers. Although the available regulations are quite comprehensive, the effectiveness of protection for PKWT workers is still not optimal, requiring significant improvements both normatively and institutionally, particularly regarding the consistency of law enforcement, increasing the capacity of supervisors, improving mechanisms for handling violations, and strengthening legal education for workers.
Co-Authors Anwar, Khahmilul Dalimunthe, Nikmah Fahrur Rozi Harahap, Aisyah Haryono, Daffa Naufal Lubis, Fauziah Munthe, M.Ridho Pratama Pulungan, Ro’fat Ja’far Al-hadidi Rahmi Siregar, Dina Aulia Safwah, Raiva Siregar, Dina Aulia Rahmi